Prof. Doris Long Examines Trademark Protection's Court Review

"Under the U.S. trademark law, trademarks have traditionally been protected only to the extent that another's use creates a likelihood of confusion among consumers regarding the source of the branded goods or services. This test has become so well entrenched that it has become the international standard for trademark protection as well. Article 16 of Trade-Related Aspects of Intellectual Property Rights (TRIPS)—still the most significant international intellectual property treaty governing trademarks today—unequivocally requires member countries to grant trademark protection where a challenged unauthorized use would result in a 'likelihood of confusion.'"